WHO WE ARE
We are ARCHiTRACKER Limited, a company incorporated in England and Wales (Company Number 10477619) with its registered office at 221 Hill House, 17 Highgate Hill, London N19 5NA, United Kingdom (referred below as “We”, “Us” or “Our”).
You must agree to and comply with the Agreement at all time during the use of the Application and We reserve the right, at our sole discretion, to cancel Your user account and/or prohibit You from accessing or using the Application for a certain period of time or permanently.
1. Your Acceptance
Upon Your access and use of the Application, despite without registration or creating user account, You agree to be bound by the Agreement and shall at all-time be entitled to rights and subject to obligations set out herein. Should You refuse to agree with the Agreement, either wholly or partially, You shall immediately discontinue using the Application.
2. Grant of license
2.1 Subject to the Agreement and during the term of the Agreement, We grant You a personal, non-exclusive and non-transferable right to access and use the Application (“License of Use”).
2.2 Granting of License of Use does not and shall not be construed as transferring any right, title, especially (but not a limitation) any Intellectual Property Rights associated with the Application and the Content to You or any person.
2.3 License to use the Application maybe revocable by Us, anytime at our sole discretion and without notification to You, if We view that Your access or use of the Application is in breach of the Agreement or inappropriate or may be harmful to Us, other users or any third party.
3. The Application
3.1 The Application and any service and all Content is provided on an ‘as is’ basis without warranty of any kind, whether expressed or implied. In particular, the Application is not made to serve any of Your specific purposes. We do not, and nothing in the Application, Content and this Agreement shall not be construed as to, make any representation or warranty of its suitability for use for any specific purposes and You shall use the Application at Your own decision subject to this Agreement.
3.2 Technology including source codes of the Application, Intellectual Property Rights and any other proprietary rights belong to Us or the person legally entitled to it. You are strictly prohibited from coping, reproducing (with or without modification), reversing engineer for purposes whatsoever; and You acknowledge that performing any of the aforesaid activities will cause severe damage to Us and/or any entitled person.
3.3 Content appearing on this Application is not intended to constitute our recommendation or advice and You are responsible for any decision You take based on these.
3.4 Service level standard – You hereby acknowledge and agree that:
(a) We cannot and do not guarantee that the Application will always be available or function on a completely error free basis. We may also have to occasionally suspend access to this Application to carry out maintenance or supply patches or updated from time to time;
(b) We cannot be liable for any omissions or errors in any Content or such Content being out of date;
(c) We are not liable for this Application or Content not being available due to technical issues or other events beyond our control;
(d) We may update or make changes to this Application or Content as We deem appropriate;
3.5 The Application requires connection to network which shall be procured by You at Your own cost. Access to this Application using a mobile device may incur charges of relevant network operators and/or service providers pursuant to contract and/or any arrangement between You and them. You accept full responsibility for the use of any device, whether it is owned by You, and compliance with the terms and conditions of the relevant device manufacturer, network operator or service provider (over which We have no responsibility).
4. Users’ Obligation and Undertakings
(a) not to act in any way that interferes (or with the intention of interfering) with the operation or security of this Application or its users;
(b) not to seek to hack into this Application or introduce any virus, worm or malicious code;
(c) not to do anything which in our reasonable opinion has or is likely to have an adverse impact on this Application or its other users, or our business, goodwill or reputation;
(d) that the purchase of any tickets, goods or services through this Application will be subject to such additional terms and conditions as We may notify You of at the time of Your purchase; and
(e) that if We provide links to any other third party websites or services (for example, other partner sites where You can buy tickets for venues or events), We accept no liability for Your use of such third party websites or services, which will be subject to their own terms and conditions.
5. In-app Purchase
6. USER CONTENT POLICY
You may be allowed to create, upload and/or post information, data, graphics, images, photographs, video and other audio or visual material (“User Content”) on to the Application subject to the User Content Policy.
8. COPYRIGHT POLICY
While using the Application, You may be allowed to access to and make use of information, data, graphics, images, photographs, video and other audio or visual material that it contain in form whatsoever (the “Content”) and You agree to use the Content subject to the Copyright Policy.
You may submit Your feedbacks or complaints regarding technical problems or other issues in connection with the Application to [email protected]; and We will use reasonable effort to make appropriate enhancement to further satisfy Yours and other users’ experiences.
10.1 We may terminate this Agreement and cease the service of the Application at any time without Your consent by publishing notification on the Application and the termination will be effective on the date specified in the notification.
10.2 In addition to the above, We may terminate or suspend You, in particular, from the right to access or use the Application immediately and without Your consent if We, at our sole discretion, view that Your conduct is inappropriate; or may be harmful to Us, the Application, other users or any person; or incompliant with any applicable laws. In the event of suspension
11.1 For Your safety, Your user account shall be created for Your personal use and You shall not disclose or share Your password to any person allow other person to access to Your user account. You shall notify us immediately of any unauthorised use of Your account.
11.2 In any event, You shall be responsible and liable for all content posted or uploaded using Your user account as Your User Content.
You agree to indemnify and hold harmless Us including Our affiliates and respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses including, without limitation, reasonable legal and accounting fees (including costs of defense of claim, suits or proceedings brought by third parties), due to Your conduct in breach of this Agreement or any unlawful conduct or in any way related to Your access to or Use of the Application, Your User Content or Your breach of any provisions of this Agreement or applicable laws.
13. Limitation of Liability
13.1 The representations, warranties, undertakings, terms and conditions contained in this Agreement replace any other representations, warranties, undertakings, terms and conditions implied by statute or other applicable law and, to the fullest extent legally permitted, We exclude all liability ( on our own behalf and on behalf of our employees, agents, contractors or representatives) for any (i) indirect, incidental, special, exemplary or consequential damages; or (ii) any lost profits, revenue or anticipated savings, contracts, loss of data or economic loss (whether direct or indirect) howsoever arising out of or in connection with Your use of the Application and its Content even if We have been advised of the possibility of the same.
13.2 We explicitly prohibit copyright infringement and any illegal or harmful activities of whatsoever nature and We will use Our reasonable effort to monitor and suspend activities that infringe, are illegal or harmful to You or any person; however, We shall not be held responsible or liable any of the aforesaid activities made by users or any person on the Application whether We have been informed of such activities.
13.3 The Application may contain links to third party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by Us. We do not endorse or assume any responsibility for any such third party websites, information, materials, products or services. If You access any third party websites through links provided on the Application, You do so at Your own risk and You agree that We have no liability arising from Your use of or access to any third party website, service or content.
13.4 We are not responsible and shall not be held liable, and You shall assume full responsibility, for establishing Your own procedures for anti-virus or other screening on Your computer or mobile device to protect it against hacking or other hazards.
13.5 Nothing in this Agreement excludes or limits Your consumer statutory rights or mandatory rights under any applicable law, to the extent that those rights cannot legally be excluded or limited by contract. In particular, W do not seek to limit or exclude any liability for death or personal injury caused by gross negligence or willful misconduct.
15.1 You may not assign any rights, including right of claim, You have in connection with this Agreement to any person.
15.2 We may assign and novate rights and obligations under this Agreement as well as the right and title over the Application either partly or wholly to any person without Your consent.
Should any part of this Agreement be declared invalid or unenforceable by a competent court or regulator, this shall not affect the validity of any remaining portion which (if legally permitted) shall remain in full force and effect as if the invalid portion of the Agreement has not been existed.
17. Dispute Resolution
You agree that any dispute in connection with the use of Application or the Application itself or Content thereof shall be subject to the exclusive jurisdiction of the courts of England and Wales; and language used in any proceedings relating to dispute including all documents presented and/or referred to in the proceedings shall be English or translated into English.
18. Governing Law and Jurisdiction
This Agreement as well as its formation and validity shall be governed by and interpreted and construed pursuant to English law.